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(영문) 대구지방법원 2015.03.19 2015고단430
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

1. Nevertheless, around July 22, 2014, around July 2014, the Defendant: (a) received the offer that “if the passbook and cash are sent, five million won will be loaned,” from the person who has no personal name, and consented thereto; (b) around 22:00 of the same month, around 12:00 of the same month, the Defendant sent the passbook in the name of the Defendant at the location of the bus terminal located in the Cheong-si, Cheong-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the cash card connected thereto, through Kwikset service.

2. Nevertheless, around July 24, 2014, around July 2014, the Defendant: (a) obtained a proposal from a person without his/her name to “to lend KRW 5 million if he/she sends his/her passbook and cash; and (b) consented to the loan of KRW 5 million; (c) around 24:00 on the 24th day of the same month, the cash cards connected to the Defendant’s new passbook (C) in the location of the cross-urban bus terminal located in the Cheong-si, Cheong-do, Cheong-do, Cheong-do, Chungcheongnam-do.

3. Nevertheless, around August 4, 2014, the Defendant received a proposal that “on August 1, 2014, the Defendant would pay KRW 3 million per month on the face of the lease of a securities account from an unqualified person,” and accepted such proposal.

4. From 14:30 to 196 to 14:30, at the vicinity of the bus terminal located at the 196 Gyeongsan-si, the single speculative securities passbook (D), cash cards connected thereto, and cash cards connected thereto under the name of the accused, respectively, through Kwikset service.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes on official receipt, application for transaction, and certificate of transaction confirmation;

1. Article 49(4)1 and Article 6(3) of the Electronic Financial Transactions Act concerning criminal facts

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